HOA glossaryGovernance

What is Declaration?

The declaration is the founding recorded instrument that creates the association, defines the property it covers, and imposes the covenants on every lot or unit.

In many communities the declaration and the CC&Rs are the same document — the full title is often 'Declaration of Covenants, Conditions and Restrictions.' In condominiums it is usually called the Declaration of Condominium and additionally defines the units, common elements, and each owner's percentage interest.

The declaration establishes the legal existence of the community as a common-interest development. It defines what is a unit versus a limited common element versus general common area — the distinction that determines who pays for a repair.

Because it is recorded, the declaration is public. Any owner, buyer, or lender can pull it from the county recorder.

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Related terms

CC&RsCC&Rs are the recorded legal document that sets the binding rules for what owners can and cannot do with their property in a community association.Common AreaCommon area is the property owned or maintained by the association for the shared use of all owners — streets, pools, clubhouses, landscaping, and open space.Limited Common ElementA limited common element is common property reserved for the exclusive use of one or a few units, such as an assigned parking space, balcony, or patio.Governing DocumentsGoverning documents are the full set of records that control an association: the declaration/CC&Rs, bylaws, articles of incorporation, plat, and board-adopted rules.

Answers straight from your own documents

Melo tells residents what Declaration means in your community — citing the exact page of your CC&Rs, budget, or rules.